Catherine Stouffer, center, widow of Marine Chief Warrant Officer 3 Gary Stouffer, watches with daughter Shannon, left, and son Shane, right, as a Marine Corps honor guard carries Stouffer's casket during a burial service at Arlington National Cemetery December 7 in Arlington, Virginia ( Win McNamee/Getty Images)
Catherine and Gary Lee Stouffer Jr. were married for more than 17 years, during which time they had two kids, Shannon (now 17) and Shane (who's 12), who've spent their childhoods never knowing if their dad would come home from work. Gary was a Marine who visited only the most dangerous places: Bosnia, Kosovo, Afghanistan, Iraq. He almost didn't return from Afghanistan, and when he did it was as a damaged man: A roadside bomb took out his Jeep, and Gary suffered brain damage, a fractured neck and spine, and post-traumatic stress disorder. But at least he made it home alive.
But Chief Warrant Officer 3 Gary Stouffer is dead now — one of the four Iraq and Afghanistan veterans killed in that November 15 train-on-truck collision in Midland that also left 16 others injured. And now Catherine is suing Union Pacific Railroad Inc. in Dallas County court, holding it responsible for the "unimaginable tragedy" originally intended to honor wounded veterans.
This is the second such suit brought against Union Pacific and Smith Industries, the company that provided the flatbed truck: Richard Sanchez and Todd King and their wives, injured when the train hit the float in the process of crossing the tracks, filed two weeks after the accident. That suit, and Stouffer's, claim the railroad was negligent at the time of the crash.
This morning, we received the following statement from Union Pacific disputing that account. Says Raquel Espinoza via email:
Our hearts go out to the Stouffer family during this difficult time. While we do not comment on pending litigation, the NTSB has noted the truck drove through the red traffic light at the intersection and the active crossing signals, putting its passengers in harm's way. The NTSB also confirmed the signals worked properly and in accordance with federal guidelines on the day of the accident that occurred November 15.
The time line released by the NTSB indicates the second flatbed truck proceeded onto the tracks eight seconds after the warning bells and red flashing lights activated. In addition, the traffic light at Garfield and Front Street was red for at least 30 seconds before the train entered the crossing. There had been no train-vehicle collisions at that location in the 15 years prior to the accident. Approximately 70 million vehicles crossed the tracks safely during that timeframe.
No matter, says the lawsuit filed by local attorney Charla Aldous on Thursday. The complaint, which follows in full below, insists the truck and train collided at a "a grossly unsafe railroad crossing," which was "designed for a train traveling at 25 miles per hour." Says the suit, "Union Pacific authorized the train to travel up to 70 miles per hour."
"The aftermath was like a war zone," says the suit. "Gary died as a result of his injuries. Catherine injured herself jumping from the trailer and was treated by paramedics at the scene and then transported to the hospital. From where Catherine laid, following the wreck, she could see one veteran whose body had been cut in half."
The family is asking for unspecific damages, and that the case be tried in front of a Dallas jury. The complaint follows.
Catherine Stouffer v Union Pacific
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